Ex-audit commission chairman gets 3-year suspended jail term
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The Supreme Court Wednesday handed a suspended sentence of three years in jail to a former audit commission chairman convicted of a lapse of duty in 2001.
The high court’s decision effectively ended the long-drawn-out court battle stemming from infighting at the State Audit Commission.
As commission chairman in 2001, Panya Tantiwarong at his own discretion chose three candidates for the position of auditor-general.
The three were Prathan Dabphet, Khunying Jaruvan Maintaka and Nonthapon Nimsomboon.
The Senate eventually voted to nominate Jaruvan for the royal appointment.
Prathan and public prosecutors jointly tried Panya for a lapse of duty.
The prosecution contended that Panya was obliged under state audit law to nominate only one candidate, which should have been Prathan, who had secured the endorsement of the selection committee.
In 2006, the lower court convicted and sentenced Panya to three years in jail.
The disputing parties filed for an appellate review.
The appellate decision overturned the conviction on grounds that the Senate had final say in the nomination process.
In the case of wrongful nomination, accountability rests with the upper chamber, the high court said.
In the final, third-tier review, the appellate decision was struck down on grounds that Panya failed to follow the rules prescribed for nomination and appointment.
Regardless of the Senate’s mandate on the nomination vote, Panya had lapsed in his duty, the final decision said.
Panya was sentenced to three years in jail plus a fine of Bt20,000. Due to his lacking any prior record of criminality, his jail sentence was suspended for two years.
